State of New South Wales v Cullen [2024] NSWCA 310
We have previously written about the landmark decision of Cullen v State of New South Wales [2023] NSWSC 653 in which the Court held that police officers owe a duty of care to members of the public attending protests. This decision was appealed by the State.
I was injured in a car accident, but I wasn’t doing the right thing. Am I still eligible for TAC benefits?
It may come as a surprise that under the Victorian Transport Accident scheme, everyone injured in a transport accident is entitled to benefits from the TAC, even if the accident was their own fault. Further, those convicted of a driving offence are restricted from some entitlements but are always entitled to claim medical and like expenses.
Benefits of a Special Disability Testamentary Trust Will
In Victoria, establishing a Special Disability Testamentary Trust (‘SDTT’) — a special disability trust created through a will — can further secure significant benefits for both the disabled beneficiary and the family members setting up the trust.
Waller v Barrett – At last! The internationally recognised tort of invasion of privacy finally becomes proper Australian law
The case of Waller v Barrett is an intriguing step forward in the common law and for the first time in Australian law establishes the tort of invasion of privacy. It is also a fascinating example of a Plaintiff taking a creative and innovative approach to both torts law and equitable remedies.
Overcoming the Unknown: Zoe’s Successful TAC Claim Story
In May 2018, a major road traffic collision left Zoe critically injured. Life as she knew it changed in an instant – and as she began the long journey towards recovery, she was faced with an uncertain future.
Hyland v TAC [2024] VSC 641- Plaintiff obligations and conflicting evidence in transport accident claims
The decision of the Supreme Court in Hyland v Transport Accident Commission [2024] VSC 641 contains helpful guidance and direction regarding a Plaintiff’s obligation under s.96 of the Transport Accident Act 1986 (Vic) as well as providing a fascinating example of the way a Court deals with conflicting evidence.
Case Study: The Key role of a freezing order in a challenging lease dispute
In 2019, our client, Pecky, leased a commercial property in Kew to Beta Pty Ltd. The lease was co-signed by Ms. Song and Mr. Zhou. Pursuant to the lease, Ms. Song’s husband, Mr. Chen provided a personal guarantee.
What are the risks, hints, and tips for Sheriff Auctions in Victoria
Keen property buyers in Victoria may have heard about the potential windfall profit from purchasing via a Sheriff sale. These auctions present a unique opportunity for buyers to acquire properties at a price potentially lower than market value.
What approvals do you need to operate a childcare service?
To become an approved provider and opening a childcare service, you need obtain two approvals, each serving different purposes and granted separately by either the Australian Government or the state/territory government.